Settling a road traffic injury claim with an insurance company – Exercise caution before you agree on a payout.
Chris Brunt is a Gibraltar personal injury lawyer, a barrister and acting solicitor of the Supreme Court of Gibraltar who will consider all personal injury claims on a No Win No Fee basis. Contact me for a free consultation to see if I can help you win the compensation you are entitled to. Use the contact form here and I will get back to you to discuss your claim.
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If you have had a road traffic accident in Gibraltar which was not your fault and your vehicle has been damaged and you have suffered injury; it is not unusual for the insurers of the driver responsible for the accident to attempt to settle the claim in its entirety by contacting you directly and offering you a settlement.
It is understandable that if you have suffered injury as a result of an accident you may be feeling vulnerable and if the other driver’s insurer contacts you to try and settle the claim it may be tempting to accept an offer simply to avoid delaying any payment received or in order to reduce stress or delay. Remember that this approach may not be in your best interests. It is advisable that you seek independent legal advice.
While the settlement figure proposed by the other driver’s insurers might include the cost of replacing or repairing any damage to your vehicle, it will sometimes omit to compensate you for any personal injury, and if the other driver’s insurers do offer a settlement amount for your injury, they might be significantly undervaluing your personal injury claim and the amount you will receive. After all, it is the other driver’s insurance company’s interest to keep the amount they pay to you to an absolute minimum if they can. Further, it is simply impossible to accurately value any personal injury claim without a specialist medical report on your injuries from a suitable medical expert, which a personal injury lawyer or solicitor will arrange for you.
If you are contacted directly by the insurers wishing to settle your claim you would be well advised to seek advice from a personal injury lawyer first, who can advise you as to the strengths of your claim, and the likely amount you should be claiming or settling for.
For instance, it is important to note therefore that besides the cost of repair to any vehicle that you might have and also in addition to compensation for any injury you have suffered as a result of the accident, there are other legitimate heads of damages that might be claimable from the other driver’s insurers.
A personal injury lawyer therefore will explain to you what is or might be claimable and this might surprise you. Also, a personal injury lawyer will ensure that you do not settle any claim that you have prematurely and at a reduced rate. In short, a personal injury lawyer will act in your best interests in order to maximise to the fullest extent possible the compensation that you deserve.
Therefore, should you be unfortunate enough to have been injured in an accident and you have been contacted by an insurance company direct offering to settle your claim you would be well advised to seek advice from a personal injury lawyer before agreeing to settle your claim. This is because once you have agreed on an amount it will be in full and final settlement of your entire claim and you will not be able to claim any additional amount, meaning you might well be under-settling your claim.
Final thoughts before accepting any offer
If contacted direct by an insurer do not feel pressurised to settle. You have three years from the date of the accident and your injury to bring your claim in the Supreme Court of Gibraltar if an agreement cannot be reached.
Also, you do not have to use a solicitor or lawyer appointed by the insurers you are always free to appoint your own independent solicitor or lawyer or to seek independent legal advice.
Never sign any document provided by an insurer if you are offered payment for your claim unless you know exactly what you are signing and what the effects of signing the document are.
The author is a personal injury lawyer who would be happy to give you a half-hour free consultation if you have been involved in an accident that was not your fault, and who considers all cases with merit on a conditional fee agreement otherwise known as on a “No Win No Fee” basis.
If you have been involved in a road traffic accident I would be pleased to review your case with a free 30-minute consultation and where I would advise you on the merits and strengths of your claim. I look to offer all clients with good prospects of success full legal representation on a ‘No Win No Fee’ basis.
No Win No Fee
Chris is a personal injury barrister and acting solicitor of the Supreme Court of Gibraltar who specialises in personal injury law and representing clients injured in a road traffic accident caused by someone else’s negligence. Chris considers all cases of personal injury cases on a no win no fee basis and offers clients a conditional fee agreement where he is able.
Contact Chris for a free 30-minute consultation at Phillips Barristers & Solicitors, 292 Main Street, Gibraltar, GX11 1AA, on 200 73900 to discuss your personal injury claim and to see how he can help you win the compensation you are entitled to
Disclaimer
All opinions are my own and are provided for information only and do not constitute legal advice. Please note that the information and any commentary on Gibraltar law contained in this article are provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but I do not accept responsibility for its accuracy or for any consequences of relying on it. The information and commentary do not, and are not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal legal advice about your case or matter and not to rely on the information or comments on this site: Chris Brunt Barrister – Gibraltar Personal Injury Lawyer (personalinjurylawyergibraltar.com
